State, Department of Revenue ex rel. Barnes v. Swatts

PER CURIAM.

Inasmuch as the circuit court essentially construed the respondent’s hand-written pro se request for DNA testing as a section 742.10(4), Florida Statutes, challenge to paternity based on fraud, duress, or material mistake of fact, we deny the petition for writ of certiorari. See Dade County School Bd. v. Radio Station WQBA, 731 So.2d 638 (Fla.1999).

ALLEN, and BENTON, JJ., CONCUR; BROWNING, C.J., DISSENTS WITH OPINION.